What should I do if the original homeowner does not move out of the household registration after buy

In this case, we can only wait for the original owner to move out of the hukou.

According to Article 22 of the "Hukou Management Policy", only one person can be in one household, and the new owner's hukou cannot be moved in before the original property owner's hukou is moved. Once the original property owner does not move his household registration after the house, it is quite difficult to deal with it.

However, since the relocation of the hukou is voluntary, the original owner does not move, and the public security organs cannot force the public security organs to move out. If a lawsuit is involved, see if there is a clause in the contract at that time that clearly states the time limit for the original owner to move out of the household registration and the penalty clause for overdue. to facilitate litigation.

The refusal of the original owner to move out of the household registration does not affect the new owner to re-settle in the house.

Possible solutions.

If the original homeowner refuses to move out of the hukou, the new homeowner can still move in the hukou, and the original homeowner's hukou will be displayed as "empty" in the hukou system, thus solving the problem of the new homeowner's settlement. Specific operation: Bring the property book of the house (it has been changed to you), bring the household registration book, and go directly to the local police station to apply!

In addition, the new homeowner can also claim liability for breach of contract on the grounds that the original homeowner has not fulfilled the obligation to move out of the hukou. If the parties to the sale and purchase of the house agree on the time limit for moving out of the household registration and the corresponding liquidated damages, the agreement is legal and valid and can be upheld by the court. It is suggested that in order to avoid disputes, before buying a second-hand house, you must entrust a real estate agency to check how many people have a household registration in the house in advance, and the contract stipulates the terms and compensation for moving out of the household.

That's okay. Now the house is yours, you take your house ownership certificate, go to the neighborhood committee to issue a certificate, and then go to the police station to apply for a change.

Buying a house is a big deal, didn't you write it clearly when you signed the contract at that time?

Each city is different, some cities can only move in when the original landlord's hukou moves out, but some cities are also different, and the relationship can be used to empty the original owner's hukou.

It is recommended that you carefully read the contract for the sale and purchase of the property.

As long as you get the collective household registration book from the neighborhood committee, then go to the police station with your real estate certificate, and move the household registration of the original head of household to the collective household registration of the neighborhood committee, you can enter the household.

If you haven't gone through a real estate agency, you have to sign a contract, and you can't move your household if you haven't moved your hukou.

What should I do if the original head of household is unwilling to move out of the household registration after buying a house? It can be done.

The best way for the original owner to refuse to move out is to negotiate with the original owner, in the case of the house has not been transferred, it will affect the new owner to move in, and the house still belongs to the original owner legally, and the new owner has no way to move in; If the house has already been transferred, it will not affect the transfer. To avoid trouble, it's a good idea to be clear about the responsibilities at the time of signing the contract.

1. What should I do if the original owner's account does not move out after buying a house:

1. The buyer shall apply to the police station to move into the household registration with the property right certificate and the house sale contract; Then replace the head of the household in the household register directly with the buyer; The household registration of the original owner is still retained, but it is no longer the head of the household, and it has become a dependent household;

2. The original owner shall apply for moving the household registration to the community collective household with the household registration book and the housing sales contract. However, this requires the cooperation of the original owner himself, because the public security organs cannot force the relocation of the household registration at present;

3. Compensation for liquidated damages according to the contract;

2. What are the conditions for international students to settle in Beijing?

1. Obtained a master's degree or above abroad; He has obtained a doctorate degree in China before going abroad, and has gone abroad for postdoctoral and other visiting research;

2. Study abroad for more than one year;

3. Submit application materials through the employer in Beijing within two years of returning to China;

Legal basisRegulations of the People's Republic of China on Household Registration

Article 10 Where a citizen moves out of the jurisdiction of his or her household registration, he or the head of the household shall report to the household registration authority for moving out of the household registration before moving out, receive the migration certificate, and cancel the household registration. Citizens moving from rural areas to urban areas must apply to the household registration authorities of their permanent residence for moving out with a certificate of employment from the urban labor department, a certificate of admission to a school, or a certificate of permission to move in from the urban household registration authority. Citizens moving to border areas must obtain the approval of the public security organs of the county, city, or municipal district where they habitually reside.

Article 19 When a citizen's household registration changes due to marriage, divorce, adoption, adoption, household division, merger, disappearance, recovery or other reasons, the head of the household or himself shall report to the household registration authority for the change of registration. After marriage, the woman can not move her hukou, and at the same time, she can also move her hukou, which is free and there are no clear regulations. There are also certain requirements for international students to settle in Beijing, such as studying abroad for more than one year.

If the house is transferred, it should not affect your settlement.

If the house has not been transferred, it will be troublesome, because legally the house is still owned by the original landlord, and you can only negotiate with an agent or the original landlord.

If the seller does not move out of the household registration after the expiration of the time limit agreed in the contract, he can go to the police station with the property right certificate and the sales agreement to freeze his household registration. His hukou will no longer be able to be relocated if he needs to obtain a certificate of domiciliation.

or ID card. If it is lost, it needs to be re-handled, and all other matters involving the account can no longer be handled. At this time, he will take the initiative to find the door. Of course, the loss caused to the buyer is also immeasurable. It can only be said that this is a lose-lose solution.

There are also people who have migrated their hukou in the following ways.

To the property purchased:

1. Take the property right certificate to the neighborhood committee where the property is located to issue the "Permanent Population.

Certification"; 2. Take the account page.

The property right certificate, the permanent resident population certificate of the neighborhood committee, and the original ID card go to the police station in the jurisdiction of the house to find the household registration police to handle the household registration relocation;

3. Since the property is still hung with the original landlord's household registration, and the household registration police ask, you will say that the original landlord cannot be contacted, and it is okay.

In this way, you can't move the original landlord's hukou away, but only move your own hukou into the property.

If there is a clear agreement in the contract that the original owner will not move out of the household, when the person who takes the cherry blossom can ask the other party to bear the liability for breach of contract in accordance with the agreement in the contract, and the seller fails to move out of the household registration within the time limit, which leads to the failure of the buyer's contract purpose to be realized, the buyer can require the seller to bear the liability for breach of contract or terminate the house purchase contract. Legal basis: Article 577 of the Civil Code of the People's Republic of China: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.